PUBLIC LAN BOARD N0. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATENI= OF CIA=:
Claim in behalf of Engineer D. W. Stegena, Union
Pacific Railroad former Chicago and North Western
Transportation Company, for compensation for all -
lost time including time spent at the investigation
and that this incident be removed from Claimant's
personal record when he was investigated on the
following charge:
'Your responsibility for your failure
to properly perform your duties in
connection with the delay to your
assignment at about 0030 hours an
September 16, 1992 while employed
as crew member on Job YYE12 on duty
2330 hours on September 15, 1992 at
Clinton, Iowa."
FINDINGS
Upon the whole record and all the evidence, the Board
finds that the parties herein are Carrier and Employee within
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the meaning of the Railway Labor Act, as amended, and that the
Board is duly constituted by agreement and has jurisdiction
of the parties and of the subject matter.
Claimant Engineer was found responsible for failure to
properly perform his duties and with delay to his train. He
was disciplined with five (5) days suspension.
The essential facts are that Claimant stopped his engine
at initial terminal so that he could get ice and water for
the trip. According to his testimony, the total time consumed
was about ten (10) minutes.
Based upon the entire record here, the Board finds that
the claim has merit. The problem began when the engine was not
supplied before Claimant took charge of it... If Claimant was
expected to get supplies he should have been told when and how
to do it. If he was correcting an omission by another person,
he should not be faulted for taking a few minutes to get what
was necessary at the beginning of his trip.
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The discipline assessed in this case was not justified.
AHARD
Claim is allowed.
ORDER
The Carrier is ordered to make this Award effective
within thirty (30) days from the date shown below.
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Employee Member Carr~t~
Chairman ~Id Neutral Member
Dated: .~2
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